Daniel Wilfong BUSN 5630 Week 2.docx

Daniel Wilfong BUSN 5630 Week 2.docx - Daniel Wilfong BUSN...

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Daniel Wilfong BUSN 5630 Business Law Week 2 Questions 10-10, 11-20, 12-5, either 13-4 or 14-10 Question 10-10 Issue: Whether Jasper and Small have a valid contract for the sale of Jasper’s watch? Rule: There is no enforceable contract because there is no specified price and no terms to the agreement as far as no place and time of delivery. Analysis: Jasper agreed to sale Small his watch but Jasper and Small never had a formidable contract and agreement. Jasper and Small communicated and had intent but did not have definite and certain terms of the agreement because here was never a price agreed upon or a time and delivery agreed upon. Since no terms were agreed upon and there never was a contract, Small has the right to change his made and not purchase the watch. Conclusion: Small’s defense of no agreed upon price and no time and place of delivery of goods should be good defenses since there is no enforceable contract here. If Small and Jasper had agreed on a price with a place and time of delivery, then Jasper would have a case against Small for breach of contract. Question 11-20 Issue: Whether Schmalz signed his release under duress and deserves more severance?
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  • Spring '14
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